1941-HKRS28-8-2_Part01 — Page 21

Authenticated Laws 確真本香港法例 All

Ordinanc

No. 39 of 1939.

Ordinkove

No. 3 of 1921.

"British Empire means the United Kingdom of Great Britain and Northern Ireland, the Dominions, India, Burma, the territories udministered by His Majesty's Governments in the Dominions under Mandate or otherwise, the British Colonies and protected States and the Mandated Territories of Tanganyika, the Cameroons under British Mandate and Togoland under British Mandate;

*C business includes agricultural undertaking and poultry and pig rearing;

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*Commissioner includes the Commissioner of War Taxation appointed under this Ordinance, and the Deputy Commissioner, and an Assistant Commissioner specially authorized by the Commissioner either generally or for some specific purpose to act on behalf of the Commissioner;

corporation" means any company which is either incorporated or registered under any enactment or charter in force in the Colony or elsewhere;

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debenture means a debenture as defined in section 348 (1) of the Companies Ordinance, 1932;

Deputy Commissioner" means the Deputy Commis- sioner of War Taxation appointed under this Ordinance;

"Examiner ineans an Examiner appointed under this

Ordinance;

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11 executor means any executor, administrator, or other person administering the estate of a deceased person, and includes a trustee acting under a trust created by the last will of the author of the trust;

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"incapacitated person means any minor, lunatio, idiot, or person of unsound mind;

"income arising in or derived from the Colony" for the purposes of Chapter III, shall, without in any way limiting the meaning of the term, include all income derived from services rendered in the Colony;

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mortgage

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means a mortgage as defined in section 3 (19) of the Stamp Ordinance, 1021;

**Ordinance includes any Ordinance amending or sub- stituted for the Ordinance referred to, and any rules, regula- tions, or by-laws under any of such Ordinances;

owner, in relation to land and/or improvements therean, includes a person who holds such land and/or im- provements subject to a ground rent or other annual charge;

person includes a company, partnership, or body of

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persons;

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**

precedent partner means the partner who, of the active partners resident in the Colony-

(a) is first named in the agreement of partnership; or (b) if there is no agreement, is specified by name or initials singly or with precedence to the other partners in the usual name of the partnership; or

(c) is first named in any statutory statement of the names

of the partners;

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prescribed '

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means prescribed by or in pursuance of

this Ordinance;

**profita" means the net profits for any period calculated

in accordance with the provisions of Chapter IV of this

Ordinance:

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E

'profits arising in or derived from the Colony for

the purposes of Chapter IV shall, without in any way limiting the meaning of the term, include all profits from business transacted in the Colony, whether directly or through an agent;

" receiver

"includes any receiver or liquidator, and any assignee, trustee, or other person having the possession or control of the property of any person by reason of insolvency or bankruptcy;

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71 tax means any tax imposed by this Ordinance: **trade

includes every trade and manufacture, and every adventure and concern in the nature of trade;

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15 trustee includes any trustee, guardian, curator, manager, or other person having the direction, control, or management of any property on behalf of any person, but does not include an executor;

United Kingdom" means the United Kingdom of Great Britain and Northern Ireland;

** Written-down value means the residue of the cost to the owner thereof of any asset after deducting a sum repre- senting the total depreciation which has occurred in sach aaset since the date of purchase by him;

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year of assessinent means the period of twelve months commencing on the first day of April, nineteen hundred and forty, and each subsequent period of twelve months com- mencing on the first day of April;

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year proceding a year of assessment means the period of twelve months ending on the thirty-first day of March immediately prior to such year of assessment;

Taration.

3-(1) (a) There shall be a Board of War Taxation Board of composed of the Financial Secretary and four other members Wat appointed by the Governor, of whom not more than one shall A be an official in the employment of the Government. member so appointed shall hold office until he shall resiga or be removed from office by the Governor.

(b) Three members of the Board of War Taxation shall form a quorum for the transaction of business and when the Financial Secretary is present he shall be the Chairman.

(e) All matters coming before the Board of War Taxa- tion shall be decided by a majority of votes, and in the case of an equality of votes the Chairman or presiding member shall have a second or a casting vote.

(2) For the purposes of this Ordinance, the Governor may appoint a Commissioner, a Deputy Commissioner, Assistant Commissioners, and Examiners.

(3) An Assistant Commissioner exercising or performing any power, duty, or function of the Commissioner under this Ordinance shall be deemed for all purposes to be authorized to exercise or perform the same until the contrary is proved.

(4) All powers conferred upon an Examiner by this Ordinance may be exercised by an Assistant Commissioner.

4-(1) Except in the performance of his duties under oal this Ordinance, every person who has been appointed under secrecy. or who is or has been employed in carrying out or in assisting any person to carry out the provisions of this Ordinance shall

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